Jersey Law
19/1994
SEA FISHERIES
(JERSEY) LAW 1994
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Arrangement of Articles
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1.
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Interpretation
and application.
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2.
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General
power to regulate sea fisheries.
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3.
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Liability
of fishing boats for fishing in contravention of Regulations.
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4.
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Penalty
for contravening Regulations.
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5.
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Mesh
of nets.
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6.
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Size
limits for sea fish.
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7.
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Power
to restrict sea fishing.
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8.
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Restrictions
on Regulations.
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9.
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Restriction
on fishing by foreign fishing boats.
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10.
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Exemptions
for mariculture.
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11.
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Licensing
of fishing boats.
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12.
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Regulations
supplementary to Article 11.
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13.
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Provisions
supplementary to Article 11 – evidence.
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14.
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Fishery
officers.
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15.
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Powers
of fishery officers.
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16.
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Obstruction
of officers.
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17.
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Protection
of officers.
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18.
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Recovery
of fines.
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19.
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Compensation
for damage caused by offence.
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20.
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Disposal
of forfeitures.
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21.
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Offences
by bodies corporate: aiders and abettors.
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22.
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Regulations
and Orders.
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23.
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Repeal
and saving.
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24.
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Citation
and commencement.
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SEA FISHERIES (JERSEY)
LAW 1994
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A LAW to make new provision for the regulation of sea fishing and the
conservation of sea fish; to make provision for the regulation of mariculture, for the licensing of fishing boats, for the
appointment and duties of fisheries officers and for connected matters,
sanctioned by Order of Her Majesty in Council of the
22nd day of june 1994
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(Registered on the 12th day of August 1994)
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STATES OF JERSEY
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The 9th day of November 1993
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THE
STATES, subject to
the sanction of Her Most Excellent Majesty in Council, have adopted the
following Law –
ARTICLE 1
Interpretation
and application
(1) In
this Law, unless the context requires otherwise –
“the
Committee” means the Agriculture and Fisheries Committee;
“the
extended territorial sea” has the same meaning as in the Territorial Sea
(Consequential Provisions) (Jersey) Law 1994;
“fishing
boat” means a vessel of whatever size, and in whatever way propelled,
which is for the time being employed in sea fishing or in the sea fishing
service;
“foreign
fishing boat” means a fishing boat which is not registered in any part of
the British Islands;
“Jersey
fishing boat” means a fishing boat which is registered in the Island;
“mariculture” means the breeding, rearing or
cultivation of sea fish whether or not for human consumption;
“master”
includes in relation to any vessel, the person for the time being in command or
in charge of that vessel;
“police
officer” means a member of the Honorary Police or the States of Jersey
Police Force;
“sea
fish” means fish of any description found in the sea, including shellfish
and any part of such fish, whether fresh or frozen, cured or otherwise
preserved;
“shellfish”
includes crustaceans and molluscs of any kind and any
spat or spawn of shellfish; and
“vessel”
includes any ship or boat, or any other description of vessel used in
navigation.
(2) Save
as is specifically provided otherwise, this Law applies to the Island and the
territorial sea of the Island.
(3) A
reference in this Law to an Article by number only and without further
identification is a reference to the Article of that number in this Law.
(4) A
reference in an Article or other division of this Law to a paragraph,
sub-paragraph or clause by number or letter only and without further
identification is a reference to the paragraph, sub-paragraph or clause of that
number or letter in the Article or other division of this Law in which the
reference occurs.
(5) Unless
the context requires otherwise, a reference in this Law to an enactment,
including an enactment of the United Kingdom, is a reference to that enactment
as amended from time to time and includes a reference to that enactment as
extended or applied by or under another enactment, including any other
provision of that enactment.
ARTICLE 2
General power to
regulate sea fisheries
(1) Subject
to Article 8, the States may make Regulations for any of the following
purposes, namely –
(a) for restricting or
prohibiting, either absolutely or subject to such provisions as may be
prescribed by the Regulations, any method of fishing for sea fish or the use of
any instrument of fishing for sea fish and for determining the size of mesh,
form and dimensions of any instrument of fishing for sea fish;
(b) for restricting or
prohibiting, either absolutely or subject to such provisions as may be
prescribed by the Regulations, the fishing for, taking or retention in
possession of sea fish;
(c) for controlling the
establishment of, and for regulating, protecting and developing, fisheries for
all or any specified kind of sea fish;
(d) for prohibiting the use
of any explosive or poisonous or noxious substance with intent to take or
destroy sea fish;
(e) for prohibiting or
regulating, either absolutely or subject to such provisions as may be
prescribed by the Regulations, the exportation from the Island of sea fish;
(f) for requiring the
marking or identification of any pots, traps, nets or other fishing gear or any
store box or nourrice or any other thing used in connexion with fishing or the keeping alive of sea fish or
with mariculture, which is, or is intended to be,
left in or on the sea;
(g) for prohibiting or
regulating the deposit or discharge of any matter detrimental to sea fish or
sea fishing.
(2) Regulations
under this Article may be framed so as to apply only in relation to specified
descriptions or sexes of sea fish or specified areas, or during specified
periods.
(3) Regulations
made under sub-paragraph (c) of paragraph (1) may make provision for the
payment of fees in connexion with the establishment,
regulation, protection and development of fisheries.
(4) Regulations
under this Article may not be made so as prejudicially to affect any right on,
to or over any portion of the sea or the sea-shore enjoyed by any person under
any enactment or grant from the Crown, without the consent of that person.
ARTICLE 3
Liability of
fishing boats for fishing in contravention of Regulations
(1) Subject
to paragraph (2) and Article 10, where a fishing boat is used for fishing in
any manner constituting a contravention of any Regulations made under Article
2, the master, the owner and the charterer (if any)
of the vessel shall each be guilty of an offence and liable to a fine.
(2) In
any proceedings taken against the owner or the charterer
of a vessel in respect of an offence under this Article committed by the
master, it shall be a defence for the owner or the charterer to prove that he exercised all due diligence to
prevent the commission of that offence.
ARTICLE 4
Penalty for
contravention of Regulations
Without prejudice
to Article 3, any person who contravenes any of the provisions of any
Regulations made under Article 2 shall be liable to a fine and the court by
which the offender is convicted may order the forfeiture of any vessel used in
committing, or in connexion with the commission of,
the offence, any instrument used in committing the offence and of any sea fish
illegally taken by the offender or in his possession at the time of the
offence.
ARTICLE 5
Mesh of nets
(1) Subject
to Article 8, the States may make Regulations for securing that nets and other
fishing gear carried by any fishing boat comply with such requirements as to
construction, design, material or size, including (in the case of nets) size of
mesh, as may be prescribed by the Regulations, and any Regulations under this
Article may be framed so as to apply only in relation to fishing for specified
descriptions of sea fish, to specified methods of fishing or to fishing in
specified areas or during specified periods.
(2) Regulations
under this Article prescribing minimum sizes of mesh may also –
(a) prescribe the manner in
which the sizes of mesh are to be measured and, in the case of any class of
nets, prescribe different sizes for the nets when in different conditions;
(b) make provision for
securing that the restrictions imposed by the Regulations are not evaded by the
use of any nets in such manner as practically to diminish their mesh, or by
covering of nets with canvas or any other material, or by the use of any other
artifice; or
(c) provide for exempting
any nets from any such restrictions as aforesaid, either generally or in
relation to particular fishing boats or classes of fishing boats, if and so
long as such conditions as may be imposed by or under the Regulations are
complied with.
(3) Without
prejudice to paragraph (2), Regulations under this Article may, in relation to
any fishing gear –
(a) restrict the manner in
which it may be used;
(b) prescribe the manner in
which its size is to be measured;
(c) make provision for
securing that the restrictions imposed by the Regulations are not evaded;
(d) make the like provision
for exemption as is mentioned in relation to nets in sub-paragraph (c) of
paragraph (2).
(4) Nothing
in any Regulations under this Article shall apply in relation to fishing
operations which, under the authority of the Committee, are conducted for the
purpose of scientific investigation or for the purpose of transplanting fish
from one fishing ground to another.
(5) Subject
to Article 10, if any Regulation under this Article is contravened in the case
of a fishing boat, the master, the owner and the charterer
(if any) shall each be liable to a fine and the court by which the offender is
convicted may order the forfeiture of any sea fish in the possession of the
offender at the time of the offence or the net or other fishing gear used in
committing the offence.
(6) Any
restrictions imposed by Regulations under this Article shall be in addition to,
and not in substitution for, any restriction imposed by or under this Law or
any other enactment, and nothing in this Article shall affect any power to
regulate sea fishing conferred by this Law or by any other enactment.
ARTICLE 6
Size limits for
sea fish
(1) Subject
to paragraph (2) and paragraph (6), no person shall land, sell, expose or offer
for sale or retain in his possession, any sea fish of any description being a
fish of a smaller size than that prescribed in relation to sea fish of that
description by Regulations made by the States.
(2) Paragraph
(1) shall not be taken to restrict the landing of fish taken in the course of
fishing operations which, under the authority of the Committee, are conducted
for the purpose of scientific investigation.
(3) If
the States by Regulations so direct, no person shall land, sell, expose or
offer for sale or retain in his possession any lobster which is carrying spawn
attached to the tail or some other exterior part of the lobster, or which is in
such a condition as to show that, at the time when it was taken, it was
carrying spawn so attached.
(4) Any
person who contravenes paragraph (1) or (3) shall, for each offence, be liable
to a fine.
(5) Subject
to paragraphs (6) and (7), where, in the course of any fishing operations
conducted by means of a fishing boat, any sea fish of any description, being a
fish of a smaller size than that prescribed in relation to sea fish of that
description by Regulations under paragraph (1), is taken on board the boat,
that fish shall be returned to the sea forthwith.
(6) Paragraph
(5) shall not apply in relation to fishing operations which, under the
authority of the Committee are conducted for the purpose of scientific
investigations or for transplanting fish from one fishing ground to another.
(7) Subject
to Article 8, Regulations under paragraph (1) may provide for exempting any
fishing boat from the obligation to comply with the requirements of paragraph
(5), if and so long as such further conditions as may be imposed by or under
the Regulations are complied with; and if and so long as such further
conditions (if any) as may be so imposed are complied with, any fish retained
on board under such an exemption shall be excepted from the prohibitions of
paragraph (1).
(8) Subject
to Article 10, if paragraph (1) is not complied with in the case of any fishing
boat, the master, the owner and the charterer (if
any) shall each be liable to a fine, and the court by which the offender is
convicted may order the forfeiture of anything used in committing the offence
and any fish in respect of which the offence was committed.
ARTICLE 7
Power to restrict
sea fishing
(1) Where
it appears to the States necessary or expedient to do so for the purpose of
giving effect to any convention or agreement for the time being in force
between Her Majesty’s Government in the United Kingdom and the Government
of any other country, the States may make Regulations prohibiting for such
period and in any area specified in the Regulations –
(a) all fishing for sea
fish;
(b) fishing for any description
of sea fish specified in the Regulations; or
(c) fishing for sea fish by
any method specified in the Regulations,
by such fishing
boats or classes of fishing boats as may be specified in the Regulations.
(2) Subject
to by paragraph (3), where, in the course of any fishing operations conducted
during a period and in an area specified in regulations under sub-paragraph (b)
of paragraph (1), any sea fish of a description specified in the Regulations is
taken on board a fishing boat to which the prohibition imposed by those
Regulations applies, it shall be returned to the sea forthwith.
(3) A
prohibition imposed by Regulations under paragraph (1) and the obligation
imposed by paragraph (2) shall not apply in relation to fishing operations
conducted under the authority of the Committee for the purpose of scientific
investigation or for the purpose of transplanting fish from one fishing ground
to another.
(4) Where
any fishing boat is used in contravention of any prohibition imposed by
Regulations under paragraph (1), or paragraph (2) is not complied with in the
case of any fishing boat, the master, the owner and the charterer
(if any) shall each be liable to a fine and the court by which the offender is
convicted may order the forfeiture of any net or other fishing gear used in
committing the offence and of any fish in respect of which the offence was
committed.
ARTICLE 8
Restrictions on
Regulations
Before making any
Regulations under Article 2, 5 or 6 which apply to the extended territorial sea
the States shall consult with the Secretary of State whose concurrence shall be
obtained.
ARTICLE 9
Restriction on
fishing by foreign fishing boats
(1) No
foreign fishing boat may enter the territorial sea except for a purpose recognised by international law, or by any convention for
the time being in force between Her Majesty’s Government in the United
Kingdom and the government of the country in which the boat is registered, and
any such boat which enters the territorial sea –
(a) shall return outside
the territorial sea as soon as the purpose for which it entered the territorial
sea has been fulfilled; and
(b) shall not be used for
fishing or for attempting to fish while in the territorial sea.
(2) The
fishing gear of a fishing boat which is prohibited by this Article from being
used for fishing in the territorial sea shall, while the boat is in the
territorial sea, be stowed in accordance with Regulations made by the States.
(3) If
this Article is contravened in the case of any fishing boat the master, the
owner and the charterer (if any) shall each be liable
to a fine and the court by which the offender is convicted may order the
forfeiture of any sea fish or fishing gear found in the boat or taken or used
by any person from the boat.
(4) This
Article shall not prohibit or restrict fishing by a foreign fishing boat in any
area of the territorial sea –
(a) in which it is licensed
under Regulations made under this Law to fish; or
(b) with respect to which
special provision is made by any arrangement between Her Majesty’s
Government in the United Kingdom and the government of the country in which the
boat is registered.
ARTICLE 10
Exemptions for mariculture
(1) A
person shall not be guilty of an offence mentioned in paragraph (5) by reason
of anything done or omitted by him in the course of mariculture
if it is done or omitted under the authority of an exemption granted by the
Committee under this Article and in accordance with any conditions attached to
the exemption.
(2) The
Committee may by Order grant exemptions for the purposes of this Article, and
such exemption may –
(a) make different
provision for different methods of mariculture and
for different circumstances; and
(b) specify conditions to
which the exemptions are subject.
(3) It
shall be a defence for a person charged with an
offence under Article 3, 4 or 6 to show that he believed on reasonable grounds
that the fish with respect to which the offence is alleged to have been
committed were produced by mariculture.
(4) In
paragraph (3) the reference to fish produced by mariculture
does not include fish bred, reared or cultivated in captivity which have later
been released or have escaped to the wild.
(5) The
offences referred to in paragraph (1) are offences under Article 3, 4, 5, 6 or
7.
ARTICLE 11
Licensing of
fishing boats
(1) The
States may by Regulations provide –
(a) that in any specified
area of the territorial sea fishing by fishing boats (wherever registered) is
prohibited unless authorized by a licence granted by
the Committee;
(b) that in any specified
area outside the territorial sea fishing by Jersey fishing boats is prohibited
unless so authorized.
(2) Regulations
under this Article may apply to fishing generally in the specified area or to
fishing –
(a) for a specified
description of sea fish;
(b) by a specified method;
(c) during a specified
season of the year or other period; or
(d) by boats registered in
a specified country,
and whether the
Regulations are general or limited in scope, they may provide for exceptions
from the prohibitions contained in them.
(3) Where
any vessel is used in contravention of any prohibition imposed in Regulations
under this Article, the master, the owner and the charterer
(if any) shall each be guilty of an offence and proceedings for an offence
under Regulations made under sub-paragraph (b) of paragraph (1) may be taken
and the offence may be treated for all purposes as having been committed in the
Island.
(4) Regulations
under this Article may specify a charge for the issue of a licence
or different charges for different classes of licence.
(5) A
licence under this Article shall be granted to the
owner or charterer in respect of a named vessel and
may authorize fishing generally or may confer limited authority by reference,
in particular, to –
(a) the area within which
fishing is authorized;
(b) the periods, times or
particular voyages during which fishing is authorized;
(c) the descriptions and
quantities of fish which may be taken; or
(d) the method of fishing.
(6) A
licence under this Article may authorize fishing
either unconditionally or subject to such conditions as appear to the Committee
to be necessary or expedient for the regulating of fishing (including
conditions which do not relate directly to fishing), and in particular a licence may contain conditions –
(a) as to the landing of
sea fish taken under the authority of the licence
(including specifying the port at which the catch is to be landed);
(b) as to the use to which
the fish taken may be put; or
(c) restricting the time
which a vessel named in the licence may spend at sea
(whether for the purpose of fishing or otherwise),
and if a licence condition is broken, the master, the owner and the charterer (if any) of the vessel named in the licence shall each be guilty of an offence.
(7) The
conditions as to which a licence under this Article
is granted may differ as between different vessels or vessels of different
descriptions.
(8) A
licence containing a condition restricting the time
which a vessel named in the licence may spend at sea
may make provision as to the circumstances in which time is, or is not, to
count as time spent at sea.
(9) The
Committee shall by Order make provision as to the principles on which the time
which vessels spend at sea is to be arrived at for the purposes of any
condition included in a licence by virtue of
sub-paragraph (c) of paragraph (6).
(10) The
Committee may require the master, owner or charterer
(if any) of the vessel named in the licence to
provide such information, in such form, as it may require, and a person who
fails, without reasonable excuse to comply with such a requirement shall be
guilty of an offence.
(11) Any
person who –
(a) for the purpose of
obtaining a licence under this Article; or
(b) in purported compliance
with paragraph (10),
furnishes
information which he knows to be false in a material particular or recklessly
furnishes information which is false in a material particular, shall be guilty
of an offence.
(12) The
licensing power conferred by this Article may be exercised so as to limit the
number of fishing boats, or of any class of fishing boats, engaged in fishing
in any particular area, or in any area for any description of fish, to such
extent as appears to the Committee to be necessary or expedient for the regulation
of sea fishing.
(13) A
licence under this Article –
(a) may be varied from time
to time; and
(b) may be revoked or
suspended, if this appears to the Committee to be necessary or expedient for
the regulation of sea fishing or to be appropriate in a case where there is a
contravention of a prohibition imposed by an Order under this Article or a
contravention of a condition of the licence.
(14) Where
Regulations under this Article prohibit fishing in a specified area or for a
specified description of sea fish there shall be returned to the sea
forthwith–
(a) any sea fish of that
description taken on board a fishing boat in contravention of the Regulations;
and
(b) except so far as the
Regulations provide otherwise, any sea fish of that description taken on board
a fishing boat in that area in the course of fishing for sea fish of a
different description;
but, where the
Regulations apply only to fishing by a specified method or during a specified
period or by boats of a specified description, sub-paragraph (b) applies only
if the fish are caught by that method, during that period or by a boat of that
description.
(15) Where
paragraph (14) is not complied with in the case of any fishing boat, the
master, the owner and the charterer (if any) shall
each be guilty of an offence under that paragraph.
(16) If
a licence is suspended or revoked the Committee may,
if it considers it appropriate in all the circumstances, refund the whole or
any part of the charge made for the licence.
(17) A
person guilty of an offence under this Article shall be liable to a fine and
the court by which the offender is convicted of an offence under paragraph (3),
(6) or (14) may order –
(a) that the owner or charterer (if any) of the vessel used to commit the
offence, or as the case may be, of the vessel named in the licence
of which a condition is broken, be disqualified for a specified period from
holding a licence under this Article in respect of
that vessel; and
(b) the forfeiture of any
fish in respect of which the offence was committed and of any net or fishing
gear used in committing the offence.
ARTICLE 12
Regulations
supplementary to Article 11
(1) The
States may by Regulations make provision as to –
(a) the manner in which a licence under Article 11 is to be granted, or a variation,
revocation or suspension effected; and
(b) the time when a licence, or a variation, revocation or suspension shall
have effect.
(2) Without
prejudice to the generality of paragraph (1), Regulations under this Article
may include provision –
(a) for documents to be
delivered, or notices given, to the nominees of persons to whom licences are granted;
(b) for documents or
notices to be treated as delivered or given if they are posted or otherwise
communicated in accordance with the Regulations;
(c) for notices to be given
by publication in newspapers;
(d) as to the transitional
effects of variations.
(3) Regulations
under this Article may make different provision for different cases.
ARTICLE 13
Provisions supplementary
to Article 11 – evidence
Where any
automatic recording equipment –
(a) is used in accordance
with a condition included in a licence by virtue of
Article 11; or
(b) is used to record
information transmitted or derived from equipment used in accordance with such
a condition,
any record
produced by means of the automatic recording equipment, or partly by those and
partly by other means, shall, in any proceedings for an offence under Article
11, be evidence of the matters appearing from the record.
ARTICLE 14
Fishery officers
(1) The
Committee may appoint one or more persons as fishery officers for the purposes
of this Law.
(2) In
addition to fishery officers appointed under paragraph (1), the following
persons shall be deemed to be fishery officers –
(a) the Harbour
Master and Deputy Harbour Master;
(b) an assistant Harbour Master;
(c) a person who is a
British sea fishery officer by virtue of section 7 of the Sea Fisheries Act
1968 of the United Kingdom; and
(d) a police officer.
ARTICLE 15
Powers of fishery
officers
(1) For
the purposes of enforcing this Law, a fishery officer, on producing if required
to do so some duly authenticated document showing his authority, may –
(a) detain any person who
has committed, or whom he has reasonable cause to suspect of having committed,
an offence under this Law;
(b) require the attendance
of the master of a fishing boat or any other person on board;
(c) go on board any fishing
boat;
(d) require any fishing
boat to stop and do anything else to enable him to board it;
(e) stop, enter and search
any vehicle and examine any fish therein;
(f) enter (at any
reasonable time) any premises (other than a dwelling) used for carrying on any
business in connexion with the treatment, storage or
sale of sea fish or with mariculture and without
prejudice to the generality of the foregoing –
(i) examine
any fish thereon,
(ii) require any person on
the premises to produce any documents which are in his custody or possession
relating to the catching, landing, sale or disposal of sea fish,
(iii) make copies of any such
document,
and, if he has
reasonable cause to suspect that an offence under this Law has been committed
may search the premises for any such documents or for any other thing which may
be evidence of such an offence and require any person on the premises to do
anything which appears to the officer to be necessary for facilitating the
search; and may seize and detain any such document produced to him or any such
document or such other thing found on the premises;
(g) require any person on
board a fishing boat to produce –
(i) any
automatic recording or transmitting equipment used in accordance with a
condition included in a licence by virtue of
paragraph (6) of Article 11, or
(ii) any record produced by
means of such equipment, or partly by those and partly by other means;
(h) search the boat for any
such equipment or record as is mentioned in sub-paragraph (g), and require any
person on board the boat to do anything which appears to the officer to be
necessary for facilitating the search;
(j) examine and take
copies of any such record as is mentioned in sub-paragraph (g);
(k) seize and detain any
such equipment or record as is mentioned in sub-paragraph (g) for the purpose
of enabling that equipment or record, or any record which may be produced by
means of that equipment, to be used in evidence in proceedings for an offence;
(l) require any
person on board a fishing boat to assist him in the performance of his
functions;
(m) on board a fishing boat or in
a vehicle or in any place other than a dwelling, search for and examine any
instrument or receptacle used in catching, carrying, holding or storing sea
fish or search for, examine and take samples of any matter the deposit or
discharge of which is regulated or prohibited under this Law;
(n) take with him on board
a fishing boat, to assist him in performing his functions, any other person and
any equipment or materials;
(o) make any examination or
inquiry on board a fishing boat which appears to him to be necessary and
without prejudice to the generality of the foregoing, he may in particular
–
(i) examine
any sea fish on the boat and the equipment and fishing gear of the boat;
(ii) require the production
of any document relating to the boat or to its fishing operations or other
operations ancillary to its fishing operations or to mariculture;
(iii) search the boat for any such
documents and require any person on board to do anything which appears to the
officer to be necessary for facilitating the search; and
(iv) take copies of any such
document.
(2) If
a fishery officer has reasonable cause to suspect that an offence under this
Law has been committed in respect of any fishing boat he may seize and detain
any document produced to him or found on board, and the officer may –
(a) require the master to
take or may himself take, the boat and its crew to the port in the Island which
appears to him to be the nearest convenient port; and
(b) detain the boat in that
port.
(3) Nothing
in paragraph (2) shall permit any document required by law to be carried on
board any boat to be seized or detained except while the boat is detained in
port.
(4) If
a fishery officer detains a boat in port, he shall serve on the master a notice
stating that it is to be detained until the notice is withdrawn by the service
on him of a further notice signed by such an officer.
(5) A
fishery officer may seize –
(a) any sea fish in respect
of which he has reasonable cause to suspect that an offence under this Law has
been committed; and
(b) any net or other
fishing gear or instrument –
(i) in
respect of which he has reasonable cause to suspect that an offence under this
Law has been committed,
(ii) which he has reasonable
cause to suspect has been used for catching any sea fish in respect of which
any such offence has been committed, and
(c) any fishing boat which
he has reasonable cause to suspect may be liable to forfeiture under this Law.
(6) Where
any fishery officer who is not a police officer detains any person in pursuance
of this Article, he shall immediately report the matter to a police officer.
(7) The
powers conferred on a fishery officer by this Article may be exercised outside
the territorial sea in relation to a Jersey fishing boat.
(8) The
powers of detention of persons, entry and search conferred on a fishery officer
by this Article shall be in addition to and not in derogation from any powers
of detention, entry or search given to a police officer under any other law.
ARTICLE 16
Obstruction of
officers
Any person who
–
(a) fails without
reasonable cause to comply with any requirement imposed by a fishery officer
under the powers conferred on such officers by Article 15;
(b) without reasonable
excuse prevents, or attempts to prevent, any other person from complying with
any such requirement; or
(c) intentionally obstructs
any such officer in the exercise of any of those powers,
shall be liable
to a fine.
ARTICLE 17
Protection of
officers
A fishery officer
shall not be liable to any civil or criminal proceedings for anything done in
the purported exercise of the powers conferred on him by Article 15 if the
court is satisfied that the act was done in good faith, that there were
reasonable grounds for doing it and that it was done with reasonable care and
skill.
ARTICLE 18
Recovery of fines
Where a fine is
imposed on the master, owner or charterer or a member
of the crew of a fishing boat who is convicted of an offence under this Law,
the court may –
(a) authorize the Viscount
to seize and detain the boat and its gear and catch and any property of the
person convicted for the purpose of levying the amount of the fine; and
(b) if the boat is a
foreign fishing boat, order it to be detained for a period not exceeding three
months from the date of the conviction or until the fine is paid or the amount
of the fine is levied, whichever occurs first.
ARTICLE 19
Compensation for
damage caused by offence
(1) Where,
on convicting a person of an offence under this Law it appears to the court
that personal injury or damage to property has been caused by the offence, the
court may order the person convicted to pay, in addition to any fine, a
reasonable sum, not exceeding two thousand pounds, as compensation for the injury
or damage, and the sum when recovered shall be paid to the person who has
suffered the injury or damage.
(2) Article
18 shall apply in relation to compensation adjudged or ordered to be paid by
the master, owner, charterer or member of the crew of
a fishing boat as it applies in relation to a fine imposed on such a person.
(3) The
provisions of this Article shall not be taken to derogate from any right of a
person who has suffered personal injury or damage to property in consequence of
an offence under this Law to recover in respect thereof damages in civil
proceedings.
ARTICLE 20
Disposal of
forfeitures
Any fishing boat,
sea fish, net, fishing gear or instrument may be destroyed or otherwise
disposed of as the court may direct, and any proceeds realized by the disposal
shall be paid into the annual income of the States.
ARTICLE 21
Offences by
bodies corporate; aiders and abettors
(1) Where
an offence against this Law committed by a body corporate is proved to have
been committed with the consent or connivance of, or to be attributable to any
neglect on the part of, any director, manager, secretary or other officer or
any person purporting to act in any such capacity, he, as well as the body
corporate, shall be deemed to be guilty of the offence and shall be liable to
be proceeded against and punished accordingly.
(2) Without
prejudice to paragraph (1), any person who knowingly and wilfully
aids, abets, causes, commands, counsels or procures the commission of an
offence under this Law shall be liable to be dealt with, tried and punished as
a principal offender.
ARTICLE 22
Regulations and
Orders
(1) Except
insofar as this Law otherwise provides, any power to make any Regulations or
Order may be exercised –
(a) either in relation to
all cases to which the power extends, or in relation to all those cases subject
to specified exceptions, or in relation to any specified cases or classes of
case; and
(b) so as to make in
relation to the cases in relation to which it is exercised –
(i) the
full provision to which the power extends or any less provision (whether by way
if exception or otherwise), or
(ii) the same provision for
all cases in relation to which the power is exercised or different provisions
for different cases or classes of case, or different provisions as respects the
same case or class of case for different purposes of this Law, or
(iii) any such provision either
unconditionally or subject to any specified conditions.
(2) Without
prejudice to any specific provision of this Law, any Regulations or Order under
this Law may contain such transitional, consequential, incidental or
supplementary provisions as appear to the States or the Committee, as the case
may be, to be necessary or expedient for the purposes of the Regulations or
Order.
(3) The
Subordinate Legislation (Jersey) Law 1960 shall apply to Orders made under
this Law.
ARTICLE 23
Repeal and saving
(1) The
Sea-Fisheries (Jersey) Laws 1962 to 1992 shall be repealed.
(2) Notwithstanding
the repeal of the Sea-Fisheries (Jersey) Laws 1962 to 1992 –
(a) any Regulations made
under those Laws which have effect; and
(b) any appointment of a
fishery officer under those Laws which is subsisting,
on the
commencement of this Article shall continue to have effect as if made under
this Law, save that any such Regulations shall not apply to the extended
territorial sea.
(3) The
provisions of this Law are in addition to and not in derogation of, the
provisions of any other enactment relating to sea fishing and, in particular to
the provisions of –
(a) the Sea Fisheries Act
1868;
(b) the Merchant Shipping
Act 1894;
(c) the Sea Fisheries
(Shellfish) Act 1967;
(d) the Sea Fish
(Conservation) Act 1967;
(e) the Sea Fisheries Act
1968; and
(f) the Fishery
Limits Act 1976.
ARTICLE 24
Citation and
commencement
This Law may be
cited as the Sea Fisheries (Jersey) Law 1994 and shall come into force on such
day as the States may by Act appoint and different days may be appointed for
different purposes or different provisions of this Law.
C.M. NEWCOMBE
Deputy Greffier of the States.